Witherbee Court Associates v. Greene, 7 A.D.3d 699 (2004)
- Citation
- Witherbee Court Associates v. Greene, 7 A.D.3d 699 (2004)
- Parent Document
- Witherbee Court Associates v. Greene, 7 A.D.3d 699 (2004)
- Jurisdiction
- New York (state)
- Effective Date
- 2004-05-17
Other Sections in This Document (11)
- Witherbee Court Associates v. Greene, 7 A.D.3d 699 (2004)
- Witherbee Court Associates v. Greene, 7 A.D.3d 699 (2004)
- Witherbee Court Associates v. Greene, 7 A.D.3d 699 (2004)
- Witherbee Court Associates v. Greene, 7 A.D.3d 699 (2004)
- Witherbee Court Associates v. Greene, 7 A.D.3d 699 (2004)
- Witherbee Court Associates v. Greene, 7 A.D.3d 699 (2004)
- Witherbee Court Associates v. Greene, 7 A.D.3d 699 (2004)
- Witherbee Court Associates v. Greene, 7 A.D.3d 699 (2004)
- Witherbee Court Associates v. Greene, 7 A.D.3d 699 (2004)
- Witherbee Court Associates v. Greene, 7 A.D.3d 699 (2004)
- Witherbee Court Associates v. Greene, 7 A.D.3d 699 (2004)
Full Text
740 charsOrdered that the judgment is modified, on the law, by (1) deleting the provision thereof, in effect, dismissing the fifth counterclaim, and (2) deleting the provision thereof which is in favor of the plaintiff and against the defendant in the principal sum of $15,438.40; as so modified, the judgment is affirmed, without costs or disbursements, that branch of the motion which *700was for judgment as a matter of law dismissing the fifth counterclaim is denied, the fifth counterclaim is reinstated, and the matter is remitted to the Supreme Court, Westchester County, for a new trial to determine whether the plaintiff breached the warranty of habitability, and, if so, the amount by which the defendant’s rental arrears should be abated.